Anishi Spencer and her two sons, three-year-old Jonathan and two-year-old Jacquel, were eating in the restaurant's playground area when they allegedly found the condom. Some time later, the lawsuit says the two-year-old coughed up a piece of the condom. Both children had to receive medical attention.

The lawsuit accuses McDonald's of failing to properly keep hazardous material from areas open to children (which, should there be used condoms in parts of McDonald's not open to children?) as well as failing to use survellence or inspection to detect "deviant activities," or boning, at its restaurants. Spencer is seeking at least $50,000 in damages, for negligence and to cover the children's medical expenses.